CC 2002 10-15CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
OCTOBER 15, 2002
The October 15, 2002, regular meeting of the City Council of the City of Poway,
was called to order at 7:00 p.m., by Mayor Cafagna at the Poway Community Library -
Meeting Room, 13137 Poway Road, Poway, California.
COUNCILMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Mickey Cafagna
COUNCILMEMBERS ABSENT
Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Robert Clark
Niall Fritz
Dennis Quillen
Deborah Johnson
Bob Krans
Linda Barnett
Patti Brindle
Javid Siminou
Danis Bechter
Krissy Toff
Liz Dean
Scoff Edwards
City Manager
Deputy City Manager
City Attorney
City Clerk
Director of Community Services
Director of Development Services
Assistant Director of Public Works
Director of Redevelopment Services
Fire Division Chief
Sheriff's Captain
City Planner
City Engineer
Engineering Inspection Supervisor
/NPDES Coordinator
Redevelopment Project Administrator
Management Assistant
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
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R.W. Stavros, 13699 Jackrabbit Road, expressed his views on the Palomar College
site.
Christy Winters, 14060 Saddlewood Drive, representing Country Montessori School,
requested Council assistance on the relocation of the school.
CONSENT CALENDAR
Staff requested Item 14 be removed from the Consent Calendar for discussion. Motion
by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve the
remainder of the Consent Calendar as follows:
Ratification of Warrant Register for the Period of September 16-20, 2002.
(401-10)
10.
Approval of Minutes - City Council
September 10, 2002 - Regular Meeting
12. Approval of City's Investment Report as of August 31,2002.
(408-01)
13.
Approval of Grant of Easement to San Diego Gas & Electric Company (SDG&E)
for Underground Electric Facilities at Buehler Reservoir. (1202-03)
Motion carried 4-0 with Councilmember Rexford absent.
ITEM 1 (203-08)
CONDITIONAL USE PERMIT 02-02
APPLICANT: RICHARD CONNER RILEY & ASSOCIATES
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to install a telecommunications facility consisting of antennas and
ground-mounted equipment on developed property located at 14280 Poway Road.
APN: 323-190-06. This item had been continued from August 6, 2002, Item #3, August
20, 2002, Item #1, September 17, 2002, Item #1 and the applicant is now requesting the
item be removed from the Agenda.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the
public hearing and remove the item from the Agenda. Motion carried 4-0 with
Councilmember Rexford absent.
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ITEM 2 (701-04/602-01#9)
ORDINANCE NO. 564/FIRST READING
RESOLUTION OF INTENTION
PERS CONTRACT AMENDMENT
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 564, "An
Ordinance of the City of Poway California, Authorizing an Amendment to the Contract
Between the City Council and the Board of Administration of the California Public
Employees' Retirement System." Staff report by City Manager Bowersox. The Public
Employees' Retirement System (PERS) provides for certain Optional Benefits that are
available to contracting agencies through the contract amendment process. It is
requested that the City Council adopt the Resolution of Intention to approve an
amendment to the existing PERS contract, and proceed with first reading of the
Ordinance authorizing an amendment to contract, as required by PERS.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to adopt
Resolution No. 02-111, entitled, "A Resolution of Intention of the City Council of the City
of Poway, California, to Approve an Amendment Between the Board of Administration of
the Public Employees' Retirement System and the City of Poway." Motion carried 4-0
with Councilmember Rexford absent.
ITEM 3 (701-04)
ORDINANCE NO. 565/FIRST READING
RESPONSIBLE BEVERAGE SERVICE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 565, "An
Ordinance of the City of Poway, California, Adding Chapter 8.09 to the Poway Municipal
Code Pertaining to Responsible Beverage Service." Staff report by City Manager
Bowersox. As directed by the City Council on May 21, 2002, the City Manager's Office
conducted preliminary research concerning a proposed Responsible Beverage Service
(RBS) Training Ordinance in the City of Poway. On August 20, 2002, the initial findings
and proposed RBS Training Ordinance were presented to the City Council. Following a
review and discussion of the material and proposed Ordinance, the Council directed
staff to schedule the RBS Training Ordinance for the first public hearing.
The following people were present wishing to speak in support:
Patty Dreislein, 10182 Rookwood Street, San Diego, representing NICPP
Judy Walsh-Jackson, 3851 Rosecrans, San Diego, representing the San Diego County
Policy Panel on Youth Access to Alcohol
Judy Stoefe, 1115 Papoose Court, San Diego
Paula Myers, representing MADD
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Dana Stevens, 112344 Oak Knoll Road, representing NICPP
Erica Leary, 4312 Navajo Avenue, Oceanside, representing
Collaborative
Tri City
Prevention
The speakers expressed need to include all sellers of alcohol in the ordinance.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to waive
further reading (unanimous vote), and continue the public hearing to October 29, 2002
for second reading and adoption. Motion carried 4-0 with Councilmember Rexford
absent. Staff was directed to review the feasibility of expanding the mandatory RBS
Training Ordinance in Poway to off-sale establishments. Following implementation and
enforcement of the Ordinance for on-sale establishments, staff will research the
expansion with assistance from the Department of Alcoholic Beverage Control (ABC).
ITEM 4 (701-04)
ORDINANCE NO. 566/FIRST READING
HOUSE PARTY
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 566, "An
Ordinance of the City of Poway, California, Adding Chapter 9.54 to the Poway Municipal
Code Establishing Adult Responsibility for House Parties at which Underage Drinking or
Drug Use Occurs." Staff report by City Manager Bowersox. As directed by the City
Council on June 11, 2002, the City Manager's Office conducted preliminary research
concerning a proposed House Party Ordinance in the City of Poway. On August 20,
2002, the initial findings and proposed Ordinance were presented to the City Council.
Following a review and discussion of the material and proposed Ordinance, the Council
directed staff to schedule the House Party Ordinance for first public hearing.
The following people were present wishing to speak in support:
Patty Dreislein, 10182 Rookwood Street, San Diego, representing NICPP
Judy Walsh-Jackson, 3851 Rosecrans, San Diego, representing the San Diego County
Policy Panel on Youth Access to Alcohol
Judy Stoefe, 1115 Papoose Court, San Diego
Paula Myers, representing MADD
Judy Strang, 4691 Cypress Glen Place, San Diego, representing the 9th District PTA
Larry Darwent, 1401 Broadway, San Diego, representing the San Diego County Law
Enforcement Task Force
Dana Stevens, 112344 Oak Knoll Road, representing NICPP
Joan Helms, 14292 Hacienda Lane
Connie Johnson, 14903 Morningside
Erica Leary, 4312 Navajo Avenue, Oceanside, representing Tri City Prevention
Collaborative
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Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to waive further
reading (unanimous vote) and continue the public hearing to October 29, 2002 for
second reading and adoption. Motion carried 4-0 with Councilmember Rexford absent.
ITEM 5 (701-04)
ORDINANCE NO. 567/FIRST READING
COUNCIL APPROVAL
SPECIFIC PLANS AND AMENDMENTS
RESOLUTION OR ORDINANCE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 567, "An
Ordinance of the City of Poway, California, Amending Sections 17.47.060, 17.47.070
and 17.47.090 of the Poway Municipal Code to Allow City Council Approval of Specific
Plans and Amendments to Specific Plans by Resolution or Ordinance (Zoning
Ordinance Amendment 02-01)." Staff report by City Manager Bowersox. This
Ordinance would allow the City Council to adopt a Specific Plan or Specific Plan
Amendment by Resolution or Ordinance. Currently, the Municipal Code allows their
adoption by Resolution only. This amendment is recommended by the City Attorney to
improve the ability to enforce the development standards and zoning districts
established under the South Poway Specific Plan.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to waive further
reading (unanimous vote) and continue the public hearing to October 29, 2002 for
second reading and adoption. Motion carried 4-0 with Councilmember Rexford absent.
ITEM 6 (1002-01 R)
ENVIRONMENTAL ASSESSMENT 02-20
APPROPRIATION OF FUNDS
PROPERTY ACQUISITION
14231 SYCAMORE AVENUE
OWNERS: CARMEN AND PATTI ORDERICA
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
October 30, 2001, the City Council/Redevelopment Agency authorized staff to negotiate
terms for the acquisition of available flood-prone parcels located within the 100-Year
Floodway of Rattlesnake Creek. Staff has conducted site due diligence on the 0.17-
acre parcel located at 14231 Sycamore Avenue (APN 314-182-44) and, negotiated the
terms of sale in an effort to pursue the development of potential future open space
and/or other recreational uses within the Paguay Redevelopment Project Area. The
entire parcel is located within the 100-Year Floodway of Rattlesnake Creek and a Phase
1 Environmental Assessment has been conducted.
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The following person was present wishing to speak:
Carmen Steven, 14134 Sycamore Avenue, expressed her views on property sales and
use in her neighborhood.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the
public hearing, approve the Negative Declaration and adopt Planning Resolution No. P-
02-60, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Environmental Assessment 02-20 Acquisition of 14231 Sycamore Avenue
Assessor's Parcel Number 314-182-447' Motion carried 4-0 with Councilmember
Rexford absent.
ITEM 7 (1002-01 R)
ENVIRONMENTAL ASSESSMENT 02-22
APPROPRIATION OF FUNDS
PROPERTY ACQUISITION
14152 SYCAMORE AVENUE
OWNER: ROY ALCOBIA
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
October 30, 2001, the City Council/Redevelopment Agency authorized staff to negotiate
terms for the acquisition of available flood-prone parcels located within the 100-Year
Floodway of Rattlesnake Creek. Staff has conducted site due diligence on the 0.20-
acre parcel located at 14152 Sycamore Avenue (APN 314-201-29) and, negotiated the
terms of sale in an effort to pursue the development of potential future open space
and/or other recreational uses within the Paguay Redevelopment Project Area. The
entire parcel is located within the 100-Year Floodway of Rattlesnake Creek and a Phase
1 Environmental Assessment has been conducted.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the
public hearing, approve the Negative Declaration and adopt Planning Resolution No. P-
02-61, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Environmental Assessment 02-22 Acquisition of 14152 Sycamore Avenue
Assessor's Parcel Number 314-201-29." Motion carried 4-0 with Councilmember
Rexford absent.
ITEM 8 (1170-02)
DECREASE IN REGULATORY FEE
COMMERCIAL/INDUSTRIAL COMPONENT
JURISDICTIONAL URBAN RUNNORR MANAGEMENT PROGRAM
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
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On August 20, 2002, the City Council directed staff to prepare an update regarding the
inspection procedure used for industrial and commercial facilities as part of the
Jurisdictional Urban Runoff Management Program (JURMP). The Council approved the
JURMP on February 12, 2002, and it contains a detailed industrial and commercial
component. Inspection fees were authorized by the Council on April 9, 2002, by
Resolution No. 02-034. The consulting firm of D-Max Engineering is conducting the
initial inspections of the commercial and industrial facilities listed in the JURMP. The
City's inspection and monitoring program of the commercial and industrial components
of the JURMP is in its first year and is establishing a base for compliance. In the future,
when the program is stabilized, it will be easier to project the actual costs and to derive
a cost-based inspection fee. Until that time, the costs of the program and the fees that
will be collected can only be estimated. As the program is evolving, there has been a
philosophical change to the approach for cost recovery, and Council directed staff to
explore a means of decreasing the fees for businesses, including the option of
increasing the City's share of costs.
The staff analysis is based on a general comparison of the cost of City staff performing
inspections instead of the consultant firm. As previously stated, in order for the City of
Poway to comply with the State of California mandate, a consultant firm was hired for
program start-up and initial inspections. City staff will perform inspections after the
initial inspections have been completed. It would cost approximately $81,000 to hire an
industrial inspector; annual salary plus benefits ($70,000), auto ($6,000), office set-up
(furniture, phone, computer, miscellaneous $5,000). This is 54% of the $150,000 cost
for the consultant. Therefore, it would be reasonable to decrease the fee charged to
businesses by 46%. The fee would become $108 for High Priority Commercial
businesses. For industrial facilities, the fees would become $324 for High Priority, $216
for Medium Priority, and $108 for Low Priority.
Motion by Deputy Mayor Emery, seconded by Mayor Cafagna, to close the public
hearing and have staff survey the agencies within San Diego County to determine
inspection fees and policies for local NPDES programs concerning Commercial and
Industrial businesses and bring a report back to Council. Motion carried 4-0 with
Councilmember Rexford absent.
ITEM 14 (602-01 #1570)
GRAVITY SEWER LINE AGREEMENT
SYCAMORE ESTATES, LLC
MCMILLIN MONTECITY 109, LLC
BROOKFIELD 6, LLC
BROOKFIELD 8, LLC
Staff report by City Manager Bowersox. A Gravity Sewer Line Agreement has been
developed to provide for the construction of a sewer main within the City of Poway. In
addition to the sewer main, the Agreement calls for numerous public improvements to
be constructed by Sycamore. Finally, the agreement includes provisions for Sycamore
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to grant an easement to the City of Poway for the purposes of open space and to limit
access from the Rancho Encantada project to both Creek Road and Beeler Canyon
Road. Once recorded, the easement will further enforce that access to these roads is
limited to the residents of Creek Road and Beeler Canyon Road, to those maintaining
the sewer line and other utilities, and for emergency access.
The following person was present wishing to speak:
Louis Tooch, 14105 Powers Road, made inquiry as to the total number of homes to be
serviced by this new sewer main.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Agreement. Motion carried 4-0 with Councilmember Rexford absent.
CITY ATTORNEY ITEMS
16A. City Attorney Eckis announced that under the Brown Act, the report out of last
weeks Closed Session, Conference with Legal Counsel - Existing Litigation Pursuant to
Government Code §54956.9(a) Northwest Pipe v. Kay Construction, City of Poway
(Kern Claim), subsequent to Closed Session the parties have signed a settlement
agreement wherein the City will pay Mr. Kern the sum of $10,753..
MAYOR AND CITY COUNCIL - INITIATED ITEMS
21A. Mayor Cafagna stated he would continue to keep the Council informed on any
updates in the Regional Governance Transition Plans. (1503-46)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:55 p.m. on motion by Councilmember
Higginson, seconded by Councilmember Goldby. Motion carried unanimously.
orl
Anne Peoples, C.y clerk
City of Poway
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